I purchased a freehold property in Worcestershire but nevertheless charged rent, why is this and what is this?
It’s unusual for properties in Worcestershire and has limited impact for conveyancing in Worcestershire but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the creation of new rentcharges post 1977.
Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be dispensed with completely.
We wanted to use a conveyancing solicitor in Worcestershire for our house purchase. Our broker has since notified us that our bank Nottingham Building Society won't deal with them. Why is this not regarded as unduly restrictive?
Lenders normally imposes restrictions either the type or the amount of conveyancing firms on their panel. Typical examples of such restriction(s) being that a firm must not be a sole practitioner. As well as restricting the profile of firm, some have reduced the amount of solicitor practices they allow to represent them. Be aware that Nottingham Building Society have no responsibility for the quality of advice provided by any member of Nottingham Building Society Conveyancer Panel. Mortgage fraud was a key driver in the rationalisation of solicitor panels since 2008 even though there are mixed opinions regarding the level of solicitor involvement in some of that fraud. Statistics from the Land Registry indicate that hundreds of law firms, including some in or near Worcestershire only carry out one or two conveyances per annum.
Are all Worcestershire Conveyancing Quality Solicitors on the HSBC conveyancing list of approved firms?
It is true that some banks and building societies now use CQS as the kick off point for Panel membership such as HSBC and Santander. CQS accreditation however is no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for solicitors wishing to join their approved list of firms.
After much negotiation I have agreed a price on an apartment in Worcestershire. My mortgage broker recommended their conveyancers. I paid an advanced payment of £175. A few days later, the lawyer contacted me sheepishly admitting that they were not on the Yorkshire BS conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Yorkshire BS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I am due to exchange contracts on my flat. I had a double glazing fitted in April 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Skipton are being a right pain. The Worcestershire solicitor who is on the Skipton conveyancing panel is saying indemnity insurance will be fine but Skipton are insisting on a building regulation certificate. Why do Skipton have a conveyancing panel if they don't accept advice from them?
It is probably the case that Skipton have referred the matter to their valuer. The reason why Skipton may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I am buying a new build apartment in Worcestershire. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Worcestershire
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There must be mutual enforceability of lessee’s covenants. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please confirm the Lease plans are architect prepared.
I decided to have a survey completed on a house in Worcestershire ahead of appointing conveyancers. I have been informed that there is a flying freehold aspect to the property. The surveyor advised that some mortgage companies tend refuse to give a mortgage on a flying freehold property.
It varies from the lender to lender. Lloyds has different requirements for example to Nationwide. If you contact us we can check via the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Worcestershire. Conveyancing will be smoother if you use a solicitor in Worcestershire especially if they are acquainted with such properties in Worcestershire.
I am 14 days into a residential purchase having been directed to a firm by the estate agent to handle our conveyancing in Worcestershire. I am am extremely disappointed with the quality of service. Can you you assist me in finding new conveyancers?
They would have to be very bad to suggest replacing them. Has the mortgage been generated? If so you will need to inform them of the new contact details and have the offer are re-issued. The solicitor ideally should be on the lenders panel to avoid added charges and delays. That should be your starting point. Our find a solicitor tool will help you find a lender approved conveyancer for your conveyancing in Worcestershire